New Clause 9 — Foundation Patients' Fora

Health and Social Care (Community Health and Standards) Bill – in the House of Commons at 4:36 pm on 8th July 2003.

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'(1) The Secretary of State shall establish a body to be known as a Foundation Patients' Forum—

(a) for each NHS Trust which has made an application under section 4(2);

(b) for each person who has been incorporated as a public benefit corporation under section 5(5).

(2) The members of the Foundation Patients' Forum are to be appointed by the Commission for Patient and Public Involvement in Health.

(3) Once the Foundation Patients' Forum has been established, it may do anything (including the things mentioned in subsection (4) below) which appears to it to be necessary or desirable for the purpose of preparing for effective patient and public involvement in the NHS Trust or public benefit corporation once it becomes a Foundation Trust.

(4) A Foundation Patients' Forum must—

(a) monitor and review the range and operation of services provided by, or under arrangements made by, the trust for which it is established,

(b) obtain the views of patients' and their carers about those matters and report on those views to the trust,

(c) provide advice, and make reports and recommendations, about matters relating to the range and operation of those services to the trust,

(d) make available to patients and their carers advice and information about those services,

(e) in prescribed circumstances, perform any prescribed function of the trust with respect to the provision of a service affording assistance to patients and their families and carers,

(f) carry out such other functions as may be prescribed.

(5) In providing advice or making recommendations under subsection (4)(c), a Foundation Patients' Forum must have regard to the views of patients and their carers.

(6) If, in the course of exercising its functions, a Foundation Patients' Forum becomes aware of any matter which in its view—

(a) should be considered by a relevant overview and scrutiny committee, the Forum may refer that matter to the committee,

(b) should be brought to the attention of the Commission for Patient and Public Involvement in Health, it may refer that matter to the Commission.

(7) Subsection (6) does not prejudice the power of a Foundation Patients' Forum to make such other representations or referrals as it thinks fit, to such persons or bodies as it thinks fit about matters arising in the course of its exercising its functions.

(8) An NHS Trust or public benefit corporation exercising its powers under sections 4(4)(b) or 5(7)(b) as the case may be shall be obliged to have regard to and take account of the reports and recommendations of the Foundation Patients' Forum.

(9) The governors and non-executive directors of the Foundation Trust shall be obliged to respond in writing to the reports and recommendations of the Foundation Patients' Forum.

(10) All the members, governors and directors of a Foundation Trust shall be obliged to have regard to and take account of the reports and recommendations of the Foundation Patients' Forum in exercising their functions within the Foundation Trust.

(11) The terms in this section shall be construed in accordance with the provisions of section 15(8) and (9) of the National Health Service Reform and Health Care Professions Act 2002 (c.17).'.—[Joan Ryan.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:—

The House divided: Ayes 194, Noes 340.

Division number 282 Health and Social Care (Community Health and Standards) Bill — New Clause 9 — Foundation Patients' Fora

Aye: 194 MPs

No: 340 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Absent: 120 MPs

Absents: A-Z by last name

Question accordingly negatived.

Photo of Simon Burns Simon Burns Shadow Spokesperson (Health) 5:00 pm, 8th July 2003

On a point of order, Madam Deputy Speaker. As you will be aware, after the Division on amendment No. 164, the Government had their lowest majority in this Session—35. It might help the House to know that 40 Labour Scottish MPs voted with the Government to ensure that England did not have—[Interruption.]

Photo of Sylvia Heal Sylvia Heal Deputy Speaker

Order. That is not a point of order for the Chair. I ruled on a similar matter earlier this afternoon.

I understand that the Minister is prepared to move amendments Nos. 233, 354, 242 to 244 and 234 and new clause 24, so I shall include them in the groups that I am about to call him to move.